Privacy Policy
1. Introduction
The Designerie (Pty) Ltd (“The Designerie”, “we”, “us” or “our”) respects your privacy and is committed to protecting your personal information.
This Privacy Policy explains how we collect, use, store, share and protect personal information when you visit our website, contact us, enquire about our services, work with us, apply for employment or otherwise interact with our business.
We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and other applicable South African laws.
This policy applies to personal information processed by The Designerie in its business operations. Where we process personal information on behalf of a client, the client may act as the responsible party and we may act as an operator under POPIA.
By using our website or services, you acknowledge that this Privacy Policy is available to you. Where processing requires consent, we will request it separately where appropriate.
2. Who We Are
The Designerie is a South African creative, branding and digital marketing agency providing services including brand strategy, graphic design, packaging design, website design and development, digital marketing, content production and related creative services.
For the purposes of POPIA, The Designerie acts as a responsible party when it determines why and how personal information is processed.
In certain circumstances, we act as an operator when processing personal information under the instructions of our clients.
Our company details are:
Registered name: The Designerie (Pty) Ltd
Registration number: 2017/007586/07
Website: www.thedesignerie.co.za
Email: jackie@thedesignerie.co.za
Our Information Officer's contact details are provided in Section 20.
3. What Is Personal Information?
Personal information means information relating to an identifiable living individual or an identifiable existing juristic person, as defined in POPIA.
Depending on the circumstances, this may include:
Name, surname and identification details.
Email address, telephone number and physical address.
Company name, job title and professional contact details.
Billing information, payment records and transaction details.
Correspondence, enquiries and project-related communications.
Website usage information, IP addresses and device information.
Marketing preferences and consent records.
Employment history, qualifications and CV information.
Photographs, videos or other material that identifies a person.
Information supplied through forms, surveys or other communications.
We only collect information that is relevant and reasonably necessary for a lawful purpose.
We do not intentionally collect special personal information unless it is necessary and permitted by law.
4. How We Collect Personal Information
We may collect personal information directly from you when you:
Visit or interact with our website.
Complete a contact form or submit an enquiry.
Request a quotation or information about our services.
Enter into a business relationship with us.
Communicate with us by email, telephone, messaging platforms or social media.
Subscribe to marketing communications.
Apply for employment or submit a CV.
Participate in a survey, promotion or campaign administered by us.
Provide information during a project or business transaction.
We may also receive personal information from:
Clients, suppliers and business partners.
Publicly available business directories and professional platforms.
Social media platforms where information has been made publicly available.
Third-party service providers where the collection and sharing are lawful.
Referrals, where the person providing the information is permitted to do so.
Where required by law, we will inform you of the source and purpose of information collected from third parties.
5. Why We Process Personal Information
We process personal information for legitimate business and operational purposes, including:
Responding to enquiries and providing quotations.
Delivering our creative, branding, marketing and digital services.
Managing client relationships, projects and communications.
Preparing proposals, agreements and invoices.
Processing payments and maintaining financial records.
Managing suppliers, contractors and business partners.
Operating, maintaining and improving our website.
Analysing website performance and improving user experience.
Conducting lawful marketing and business development activities.
Recruiting and evaluating potential employees or contractors.
Protecting our systems, business and users against security threats or fraud.
Maintaining records and complying with legal, tax and regulatory obligations.
Establishing, exercising or defending legal rights.
We will not process personal information for an incompatible purpose unless the further processing is permitted under POPIA.
6. Lawful Grounds for Processing
We process personal information only where an applicable lawful justification exists.
Depending on the circumstances, processing may be justified because:
You have provided valid consent.
Processing is necessary to perform a contract with you or take steps requested by you before entering into a contract.
Processing is required to comply with an obligation imposed by law.
Processing protects a legitimate interest of the person whose information is involved.
Processing is necessary for the proper performance of a public law duty by a public body, where applicable.
Processing is necessary to pursue the legitimate interests of The Designerie or a third party to whom the information is supplied.
Consent is not the only lawful ground for processing personal information.
Where we rely on consent, you may withdraw it in accordance with POPIA. Withdrawal does not automatically invalidate processing that was lawful before the withdrawal, and certain information may still need to be retained where required or permitted by law.
7. Direct Marketing and Communications
We may communicate with you about our services, company updates, relevant business opportunities and other information that may interest you.
We conduct electronic direct marketing in accordance with Section 69 of POPIA and its applicable regulations.
Where consent is required, we will obtain it through a permitted and accessible method. We will not treat a failure to opt out as consent.
Where permitted by POPIA, we may market our own similar products or services to existing customers whose contact details were obtained in the context of a sale, provided the applicable conditions are met.
Our marketing communications will identify the sender and provide a reasonable means of requesting that communications stop.
You may opt out of marketing communications by:
Using the unsubscribe option provided in an applicable marketing message.
Contacting us directly by email.
Requesting that your details be removed from the relevant marketing list.
Opting out of marketing communications does not prevent us from sending necessary service, contractual or administrative communications.
8. Website Analytics and Cookies
Our website may use cookies and similar technologies to support website functionality, measure performance and improve visitors' experiences.
Cookies are small files or identifiers that websites may store or access through your browser or device.
Depending on the technologies enabled on our website, these may include:
Essential cookies required for basic website functionality, security and navigation.
Functional cookies that remember certain settings or preferences.
Analytics cookies that help us understand website traffic and visitor behaviour.
Advertising or measurement cookies used to evaluate marketing performance and, where enabled, support relevant advertising.
We may use third-party website and analytics services, including Wix and Google Analytics, where configured.
Information collected through these services may include device information, browser type, approximate location, pages visited, referral sources and interaction data.
Certain technologies may process information outside South Africa.
Where required, we will provide information about non-essential cookies and obtain the appropriate consent before using them.
You may manage cookies through your browser settings and any cookie-preference controls made available on our website.
Disabling certain cookies may affect some website functionality.
9. Information Collected Through Website Forms
When you submit information through our website, we collect the details necessary to respond to your request.
This may include:
Your name and surname.
Your company or organisation.
Your email address and telephone number.
The service you are interested in.
Your message and any information you voluntarily provide.
Providing information through a contact form is generally voluntary. However, certain details may be necessary for us to respond to your enquiry.
We use submitted information to communicate with you, evaluate your request and provide relevant services.
We do not automatically treat submitting an enquiry as consent to receive unrelated electronic marketing.
10. Recruitment and Employment Applications
Where we accept employment applications, we may process personal information supplied by applicants.
This may include:
Names and contact information.
CVs, employment history and qualifications.
Professional references.
Portfolio information and work samples.
Information relevant to a particular position.
Interview notes and recruitment communications.
We process this information to evaluate applications, communicate with candidates and manage recruitment.
We may verify qualifications or references where lawful and appropriate.
Applicant information will be accessible only to authorised individuals involved in recruitment or related administrative functions.
We retain recruitment information only for as long as reasonably necessary or legally required. Where we wish to retain an unsuccessful applicant's information for future opportunities, we will ensure that an appropriate lawful basis exists.
11. Information Processed on Behalf of Clients
As a creative and digital marketing agency, The Designerie may process personal information on behalf of clients when delivering services.
Such services may involve website development, digital advertising, marketing campaigns, content management, customer communications or related activities.
Where a client determines the purposes and means of processing, the client will generally be the responsible party and The Designerie may act as an operator.
In these circumstances, we will:
Process information in accordance with the client's lawful instructions and applicable agreements.
Apply appropriate confidentiality and security measures.
Limit access to authorised personnel and service providers.
Notify the relevant client where required if we become aware of a security compromise.
Assist with reasonable data protection requirements under our contractual obligations.
Return, delete or retain information in accordance with lawful instructions and applicable legal requirements.
Where we process personal information on behalf of a client, requests relating to that information may need to be directed to the relevant client.
12. Sharing Personal Information
We do not sell personal information.
We may share personal information where reasonably necessary for lawful business purposes.
Recipients may include:
Employees and authorised contractors.
Website hosting and technology service providers.
Email, communications and collaboration platforms.
Customer relationship management and project management systems.
Analytics, advertising and marketing technology providers.
Payment processors, accountants and financial service providers.
Professional advisers, auditors and legal representatives.
Clients and project partners where necessary to provide agreed services.
Regulators, courts or law enforcement authorities where disclosure is required or permitted by law.
We take reasonable steps to ensure that personal information shared with operators is protected by appropriate contractual, confidentiality and security arrangements.
We only disclose personal information to third parties where a lawful justification exists.
13. International Transfers of Personal Information
Some of our technology platforms and service providers may store or process personal information outside South Africa.
Where personal information is transferred to a third party in another country, we will comply with Section 72 of POPIA.
International transfers will only take place where an applicable lawful condition is satisfied, which may include:
The recipient being subject to a law, binding corporate rules or binding agreement providing an adequate level of protection.
The person concerned consenting to the transfer.
The transfer being necessary to perform a contract or implement requested pre-contractual measures.
The transfer being necessary for a contract concluded in the interests of the person concerned.
Another specific circumstance permitted by Section 72 of POPIA.
We take reasonable steps to assess and manage risks associated with international transfers.
14. Protecting Personal Information
We take reasonable and appropriate technical and organisational measures to protect personal information against loss, damage, unauthorised destruction, unlawful access and unauthorised processing.
Depending on the circumstances, these measures may include:
Access controls and user permissions.
Password protection and authentication measures.
Restricted access to client and business information.
Secure storage and communication systems.
Security updates and system maintenance.
Appropriate confidentiality obligations.
Data backup and recovery procedures.
Review of third-party service providers.
Security incident identification and response procedures.
No system or internet transmission can be guaranteed to be completely secure.
We periodically review our safeguards and take reasonable steps to address identified risks.
15. Personal Information Security Compromises
If we have reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person, we will respond in accordance with POPIA.
Where required, we will notify the Information Regulator and affected data subjects as soon as reasonably possible after discovering the compromise, subject to any lawful delay.
Notifications will provide the information required by law, including relevant details of the compromise and appropriate measures that may be taken.
Where we process personal information as an operator for a client, we will notify the relevant responsible party as required by POPIA and our applicable agreements.
Suspected privacy or security incidents may be reported to our Information Officer using the contact details in Section 20.
16. How Long We Keep Personal Information
We retain personal information only for as long as necessary to fulfil the purpose for which it was collected, or where continued retention is required or permitted by law.
Retention periods depend on the nature of the information and applicable obligations.
Examples include:
Client and project records retained for the duration of the relationship and any necessary subsequent period.
Financial records retained in accordance with applicable tax, accounting and statutory requirements.
Website enquiries retained for as long as reasonably necessary to respond and manage legitimate business follow-up.
Recruitment records retained for the recruitment process and any additional lawful retention period.
Marketing information retained while there is a lawful basis to use it, subject to applicable objections, withdrawals and retention requirements.
Information associated with legal disputes retained as reasonably necessary to establish, exercise or defend legal rights.
When information is no longer required, we will take reasonable steps to delete, destroy or de-identify it securely, subject to applicable legal requirements.
17. Your Privacy Rights
Under POPIA, you have certain rights relating to your personal information.
Subject to applicable legal requirements and exceptions, these include:
The right to be informed when personal information is collected and processed.
The right to request confirmation of whether we hold personal information about you.
The right to request access to your personal information.
The right to request correction or updating of inaccurate, incomplete or misleading information.
The right to request deletion or destruction of information where the legal requirements are met.
The right to object to certain processing of your personal information.
The right to withdraw consent where processing is based on consent.
The right to object to direct marketing.
Rights relating to certain decisions based solely on automated processing.
The right to lodge a complaint with the Information Regulator.
Requests for access to records may be subject to the Promotion of Access to Information Act 2 of 2000 (“PAIA”).
We may request reasonable proof of identity before disclosing or changing personal information.
Certain requests may be refused or limited where permitted or required by law.
18. Children's Personal Information and Special Personal Information
We do not knowingly collect personal information from children without an appropriate lawful basis.
Where the processing of a child's personal information requires the consent of a competent person, we will seek that consent unless another lawful authorisation applies.
If we become aware that children's personal information has been collected or processed unlawfully, we will take reasonable steps to address the matter.
We do not intentionally request special personal information, such as information relating to health, religious beliefs or other protected categories, unless it is necessary for a lawful purpose and permitted under POPIA.
19. Third-Party Websites and Services
Our website may contain links to websites, social media platforms and services operated by third parties.
These services may have their own privacy notices, terms and data processing practices.
We do not control how independent third-party websites collect or process information.
We encourage visitors to review the applicable privacy policies before providing personal information to third-party services.
Where we use third-party services directly as part of our operations, our handling of personal information remains subject to our obligations under applicable law.
20. Information Officer and Contact Details
If you have questions about this Privacy Policy or wish to exercise your rights under POPIA, you may contact our Information Officer.
Information Officer
Name: Jackie Grant
Email: jackie@thedesignerie.co.za
Telephone: 082 561 7447
Company Details
The Designerie (Pty) Ltd
Registration number: 2017/007586/07
Physical address: Office Number 11, Office Evolution - Hillcrest, 71 Old Main Rd, Hillcrest, Durban, 3610
Email: jackie@thedesignerie.co.za
Website: www.thedesignerie.co.za
We will consider privacy-related requests and complaints in accordance with applicable law.
21. Complaints to the Information Regulator
If you believe that your personal information has been processed unlawfully or that your rights under POPIA have been infringed, you may lodge a complaint with the Information Regulator of South Africa.
The Information Regulator is the independent authority responsible for monitoring and enforcing compliance with POPIA.
Contact details:
Website: www.inforegulator.org.za
Telephone: 010 023 5200
Online portal: eservices.inforegulator.org.za
You may contact us first to raise a concern, but this does not remove your right to approach the Information Regulator directly.
22. Access to Information
The Designerie recognises the right of access to information provided under the Promotion of Access to Information Act 2 of 2000 (“PAIA”).
Requests for access to company records will be considered in accordance with PAIA and other applicable laws.
Our PAIA Manual, which is separate from this Privacy Policy, provides additional information regarding access to records and the applicable request procedures.
23. Changes to This Privacy Policy
We may update this Privacy Policy periodically to reflect changes in legislation, business practices, technology or the way we process personal information.
The latest version will be published on our website with an updated revision date.
Where a change materially affects the processing of personal information, we will take any additional notification or consent steps required by applicable law.
We encourage visitors to review this policy periodically.
24. Governing Law
This Privacy Policy is governed by the laws of the Republic of South Africa.
The Designerie processes personal information in accordance with POPIA and other applicable legal requirements.